(a) Sexual harassment does not generally encompass conduct of a socially acceptable nature. However, some conduct which is appropriate in a social setting may be inappropriate in the work place. Sexual harassment may occur when behavior of a sexual nature is directed toward an employee, and the employee finds that behavior unwelcome and offensive. Sexual harassment also may occur when the behavior fails to respect the rights of others, is demeaning or lowers morale. The victim's acquiescence in the behavior will not negate the existence of sexual harassment.
Sexual harassment may also extend beyond the confines of this organization. Conduct that occurs off duty and off premises against an employee of the City may be subject to this policy.
(b) Prohibited conduct includes but is not limited to unwelcome sexual advances, requests for sexual favors, sexual comments, suggestions, jokes, leering, pats, squeezes or other similar contact, and posting of sexual pictures, cartoons, photos or other graphics. This conduct constitutes sexual harassment when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of employment, or
(2) Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting that individual, or
(3) Such conduct has the purpose or effect of substantially, unnecessarily and unreasonably interfering with work performance or creating an intimidating, hostile or offensive working environment.
Specifically, no supervisor or employee shall threaten or insinuate, either explicitly or implicitly, that an employee's refusal to submit to sexual advances will adversely affect the employee's employment, evaluation, wages, advancement, assigned duties, shifts or any other condition of employment or career development.
Other sexually harassing conduct in the workplace, whether committed by supervisors or non-supervisory personnel having the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment, is also prohibited.
(c) Any conduct, as described above, whether by supervisors or non-supervisory personnel, may result in disciplinary action, up to and including discharge.
(Ord. 2007-18. Passed 3-5-07.)